Thursday, February 9, 2012

Ninth Circus Court Of Schlemiels

Continues its takeover of immigration policy. In another absurd decision, the Ninth Circus has decided that an alien temporarily in the United States can sue the people of the United States for supposed faulty inclusion on the "No-Fly List." She is cooling her heels in Malaysia because she can't board an aircraft for the U.S.

Rahinah Ibrahim is a Muslim fanatic from Malaysia. A Malay in common parlance, as opposed to the Chinese residents of Malaysia who are called Malaysian; a term describing citizenship rather than ethnicity. Malays are also Malaysians, except when they are Indonesians. But basically Malays are Muslims. Ibrahim was in the U.S. on a student visa, but after she left, her visa was revoked, obviously for her terrorist connections. In any event, even if she were not on the No-Fly List, she would not be able to return, as she no longer has a valid non-immigrant visa.

Feb 8 (Reuters) - A former Stanford University student can sue the government for mistakenly placing her on the no-fly list, a federal appeals court ruled on Wednesday.

A lower court had dismissed Rahinah Ibrahim's case, ruling that the Malaysian engineering student left the United States voluntarily and did not have enough ties to America to sue the government under U.S. law. But the U.S. Court of Appeals for the 9th Circuit disagreed, finding that Ibrahim did not leave her constitutional rights when she left the United States.

"The border of the United States is not a clear line that separates aliens who may bring constitutional challenges from those who may not," Judge William Fletcher wrote for a two-judge majority.

Ibrahim, a Stanford Ph.D. student, was living in the U.S. on a student visa, which gave her rights under the U.S. constitution. She was traveling to Malaysia in 2005 for an academic conference, when an airline employee discovered her name on the federal government's no-fly list. Instead of issuing her a boarding pass, the employee called the police, who locked her in an airport holding cell for two hours. While officials allowed her to fly to Malaysia the next day, she was never permitted to return to the United States.

Ibrahim sued in 2006, accusing the Department of Homeland Security and other government agencies of violating her constitutional rights to freedom of association, due process and equal protection. She said the flight restriction forced her to abandon her studies and hampered her professional development. The suit asked the court to order the government to take her off the no-fly list.

U.S. District Judge William Alsup dismissed the suit, finding that even though her inclusion on the no-fly list might be a "monumental mistake," she relinquished her constitutional rights by voluntarily leaving for Malaysia.

Not only did two morons on the Ninth Circus get the facts wrong, but so did Ibrahim's attorney:

The reason Ibrahim is no longer in the United States is because her visa was revoked, likely due to her placement on the no-fly list, said Ibrahim's lawyer Marwa Elzankaly.

"The government is keeping her out of the U.S. and claiming she has no constitutional rights because she no longer lives in the U.S.," she said.

You don't loose a visa because you are on the No-Fly List, you loose a visa because you are not eligible for that visa, in this case because of her terrorist connections. You also get on the No-Fly List because of terrorist connections. But the Department of State does not revoke visas based on inclusion on the No-Fly List, but because of a set of facts that makes an alien inadmissible to the United States.

In any event, because she no longer has a visa, she cannot enter the U.S. even if she applies at a land or sea Port-of-Entry (POE). Therefore her claim is moot. She will not be entering the U.S. in any manner. If this were just about the No-Fly List, she could fly to Mexico or Canada and then seek admission at a land POE, or she could take a cruise to the U.S. by motor vessel.

But the issue here is the Imperial Judiciary, also know as a kritarchy. An assault on the Constitution very similar to the dictatorship of Barak Hussein Obama. It is time for the Gingrich Solution; impeachment. But, as usual, he is quiet. Gingrich probably wants to staple a green card on her diploma.